ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.260 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2383/2022 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.2384/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2385/2022 (Stay).

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Dated; 12^th August 2022

Mr. Usman Walid Shaikh, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellants undertakes to comply with office objection(s) before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Through instant High Court Appeal the appellant has impugned an order dated 10.08.2022 passed by the learned Single Judge of this Court in Suit No.-1453 of 2022, whereby, according to learned counsel for the appellant, on the first date of hearing while issuing notices to the defendants the learned Single Judge has been pleased to issue direction to the Nazir of this court to attach a similar vehicle from the showroom of defendant No.3/The Toyota Port Qasim Motors and bring it in the Court premises at the cost of the plaintiff and to file compliance report within seven days. According to learned counsel for the appellant, inspite of the fact that respondent No.2 had no privity of contract with the appellant, who are merely authorized dealer of respondent No.3/The Indus Motor Company Limited with whom respondent No.2 had privity of contract for the purchase of “Toyota Fortuner Legender”, the vehicle belonging to a third party, parked in the showroom of appellant has been attached. It has been further contended by the learned counsel for appellant that the suit filed by the respondent No.2 is primarily against the respondent No.3, however, pursuant to impugned order, the appellant has been put in the adverse/disadvantage position and would be made liable to compensate the third party in whose name the subject vehicle was booked. It has been prayed that impugned order may be set aside, as there is likelihood that third party interest will be created by the respondents.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 23.08.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for the appellant. However, till next date of hearing, Nazir may not handover the possession of such vehicle to the respondent No.2, whereas, in respect of vehicle attached by the Nazir, status quo shall be maintained till next date of hearing.

J U D G E